Buyer Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following:
Buyer Contingencies. Unless waived by Buyer in writing, Buyer’s obligation to purchase the Real Property shall be subject to and contingent upon each of the following:
Buyer Contingencies. (IF ANY):
Buyer Contingencies. This Agreement shall be completely contingent upon Buyer's satisfaction of or Buyer's waiver (at Buyer’s sole discretion) of the contingencies set forth below in this Section 3.02 (the "Buyer Contingencies"), by 5:00 P.M. on April 3, 2020 (the "Buyer Contingency Period"). The date upon which all Buyer Contingencies are either satisfied or waived, pursuant to Section 3.03 or otherwise, shall be referred to as the "Buyer Contingency Date". The Buyer Contingencies are as follows:
(a) Approval of the Property, by the President of Buyer as a site that is acceptable for the development and operation of a retail grocery store (as defined in Section 3.02(b) below); and
(b) Agreement by Buyer and The Collection at Lakeland, LLC, a Delaware limited liability company (the “Collection”) on the terms of: (1) a use restriction agreement (“Adjacent Property Restriction Agreement”) whereby certain property adjacent to the Property, as depicted on Exhibit B (the “Adjacent Property”) is restricted from the use as (A) a “retail grocery store” which means a supermarket, meat market, grocery store, fruit and vegetable store or stand, frozen or otherwise processed food store and any other store where more than 3,000 square feet (including adjacent aisle space) is used for the sale or display of grocery items and
Buyer Contingencies. In addition to the Due Diligence contingency above, Buyer shall have the following contingencies:
Buyer Contingencies. This Offer is contingent upon the following items (collectively “Buyer Contingencies”): 🞎 Financing Contingency of Xxxxx being able to obtain: 🞎 first mortgage loan commitment 🞎 construction loan commitment within days of the Effective Date (“Financing Deadline”) for a combined amount not less than $ for a term of not less than years with an initial interest rate not to exceed % per annum with monthly payment not to exceed $ for principal and interest. 🞎 Other Contingency: Buyer agrees to pay all customary financing costs (including closing costs), to apply for financing promptly and to provide evidence of application promptly upon City’s request. If, despite Buyer good faith efforts, Xxxxx is not able to obtain financing on the above terms (or other terms reasonably acceptable to Buyer), Buyer shall promptly, and on or before the expiration of the Base Period or Renewal Period, whichever is applicable, deliver written notice to City of same including copies of lender(s) rejection letters or other evidence of unavailability. If Buyer’s notice is timely given, this Offer shall be null and void, but City shall retain the Xxxxxxx Money and any Extension Fee.
Buyer Contingencies. (a) Notwithstanding any provision of this Agreement to the contrary, the Buyer's obligation to purchase the Premises hereunder is conditioned upon the Buyer obtaining Final approval (which term shall have the meaning set forth in Paragraph 12(b) hereof) reasonably satisfactory to the Buyer of federal, state and local land use regulatory authorities, including without limitation an appropriate change in the Town of Seymour zoning regulations applicable to the Premises, the Traffic Commission of the State of Connecticut, the United States Army Corps of Engineers, and the Town of Seymour Planning and Zoning and Inlands Wetlands Commissions necessary for the development on the Premises of an 18 hole golf course together with not less than 180 active adult residential building lots with detached single family dwellings and a club house and catering facility on or before December 31,
Buyer Contingencies. Buyer’s obligation to purchase the Property and the remainder of Buyer’s obligations under this Agreement shall be subject to its satisfaction or waiver of each contingency set forth below (collectively, the “Buyer Contingencies”) within the applicable time periods indicated below. The Buyer Contingencies are for the sole benefit of Buyer. The satisfaction or waiver of each Buyer Contingency is a condition precedent to the Close of Escrow. Buyer may approve or disapprove any or all of the documents, materials, items and matters identified in this Section 3 in its sole and absolute discretion within the applicable time period therefor. Upon the actual or deemed (as provided in this Agreement) approval, waiver or satisfaction of all of the Buyer Contingencies by Buyer, the Deposit (to the extent then held in Escrow), shall be nonrefundable to Buyer and shall be considered liquidated damages in Escrow pursuant to Section 15 hereof. Nothing in the foregoing shall require Buyer to deposit into Escrow any additional sums, documents or deposits if it has timely disapproved any of the Buyer Contingencies until such disapproved Buyer Contingencies have been waived or satisfied or otherwise approved by Buyer. Notwithstanding anything herein to the contrary, Buyer’s failure to deliver a termination notice to Sellers by the Due Diligence Expiration Date shall be deemed an approval, satisfaction, or waiver of the Buyer Contingencies, except for those Buyer Contingencies that, by the terms of this Agreement, expressly survive the Due Diligence Expiration Date, all of which shall survive only until the Close of Escrow.
Buyer Contingencies. Buyer acknowledges that Buyer has had the opportunity to approved and has approved all aspects of the Property and its suitability for Buyer’s intended use, including without limitation the physical and environmental condition of the Property, the status of title to the Property, the Property Documents, the studies and reports obtained by Buyer during Exclusivity Period, the current and projected net operating income of the Property, applicable government land use entitlements, availability of utility or other services to the Property, and any other matter which Buyer deemed necessary or appropriate. Accordingly, Buyer’s obligation to purchase the Property is conditioned only on satisfaction of contingencies set forth below in this Section 3(a) (collectively the “Buyer Contingencies”). Buyer may waive any of the Buyer Contingencies by the delivery of written notice thereof to Seller and Escrow Holder. The failure of the Escrow to close by reason of a failure of one or more Buyer Contingences shall not constitute a default by Seller under this Agreement.
Buyer Contingencies. Buyer’s obligation to purchase the Property is conditioned on the following:
